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Digital Rights/Law
Making Law Why is this an issue now? Copyright and copyleft * There are opportunities and threats which have emerged as a result of the internet. * Some parties are aiming to resecure the internet for older business models. * This also gives them right of way over the opportunities for distribution which the internet offers. * People around the world who have not traditionally needed to lobby to have free use and fair use/fair dealing rights to access information are at a disadvantage because the groups which have access to the international treaty process have been investing heavily in progressing their perspective. As a result there has been a shift in this system which puts much more emphasis on the content distributor side of the balance. * For example there are moves from broadcasting groups to define the broadcasting process as a process which claims rights for the broadcaster at the expense of the artists webcasting or sharing their work online. DMCA as offensive copyright The major change which is contentious and relevant to campaign.wiki is that there has been a broad shift from defensive copyright policy to offensive copyright policy. This means that fair use and fair dealing are now required to apply to be exempted from a copyright state, where as previously copyright was seen as an exception or special case to a default set of access rights. The new DMCA Digital Millenium Copyright Act also allows, through use of TPM's the copyright holder to limit other technologies which interact with the copyrighted product. This is seen, by groups wanting reform, as putting a fence around other people's copyright and freedoms rather than being a defense of the copyrighted content only. DMCA operates differently. While traditional copyright restricts commercial copying, DMCA and DRM operate as control on access to and interaction with material. Interested groups have been invited to ask for exemptions for specific fair use. The fair use allowances are being contracted further by each successive iteration of the DMCA legislation. In addition specific technologies such as e-book ban activities which were normally seen as a free use on specific books, ie for some books it is not allowed to read the book aloud. Communities have not had to negotiate for fair use previously it is taking time for the implications of negotiating for specific fair uses to be understood. DMCA also covers Patents A2K Free Use, fair use, fair dealing, digital access rights * Where previously copyright protections were a special consideration or exception to generic access rights, now we are requesting generic access rights as exemptions to copyright. This is a reaction to the internet which enables people to share information freely. The DMCA lobby have successfully lobbied to have their perspective on digital rights implemented around the world as a prerequisite of trade negotiations with the United States. * As a result there is a response from other parties to try and regain consideration, control and access to information. Privacy * The internet also changes the landscape of information managment from the perspective of those who aim to create and distribute it. Publishers and distributors have far more access to the buyer's personal equipment and conversations which then has extensive implications for privacy and your right to operate, share, resell and control devices you purchase. Stakeholders Many groups are concerned about the current legal situation and are talking about these issues. * Broadcaster and publisher groups are promoting the DMCA * Offline broadcasters are lobbying for the broadcast treaty. * Some groups are working on developing alternative models which look at the needs of creators and consumers in an internet enabled world. * Some groups are looking to negotiate with the existing digital rights laws to establish exemptions for fair use and fair dealing. * Libraries have specific needs and are lobbying for those. * Universities have specific needs as researchers who need to be able to report freely and are lobbying for those. * Some groups are reacting directly to the existing system by argue that the system is not valid in their eyes. Internet enabled communications methods such as blogging have enabled people around the world to see each other and to discuss the concerns openly. The challenge for these groups is to translate that online perspective into effective voices at the treaty table. It has been suggested that this will take a mass recognition of the issue around the world by people, and pressure through electoral and government lobbying processes. Given that many of the people in this internet community are the people who do innovate and create and manage information there may be ways to effect change more directly. The challenge is to gain enough support to be recognised as an important voice at the treaty table. In debate * Broadcast Treaty, WIPO Forums * US Free Trade Agreements * TRIPS * World Intellectual Property Organization - International * Bi-lateral agreements. International Law * Berne Convention * Rome * DMCA EUCD through US Free Trade Agreement process Global vioces * Global Voices: * Reporteur San Frontiere pages: India Background * Freedom of Speech Situation ** ... * Legal Framework ** ... * Regulatory Bodies ** ... Current Situation/Issues * The block Organizations & Activists * Bloggers Collective Iran Background * Freedom of Speech Situation ** ... * Legal Framework ** ... * Regulatory Bodies ** ... Current Situation/Issues Organizations & Activists Pakistan Background * Freedom of Speech Situation ** ... * Legal Framework ** ... * Regulatory Bodies ** ... Current Situation/Issues * The block Organizations & Activists * Society Against Internet Censorship in Pakistan * Help-Pakistan * Don't Block the Blog Campaign United States *Digital Millennium Copyright Act *Intellectual Property Protection Act of 2006 (DMCA 2) *Digital Media Consumers' Rights Act *Consumer Broadband and Digital Television Promotion Act Category:Digital Rights